Apparently, there had been no prior complaints of a malfunctioning elevator from Lapin or any other building resident. In addition, the elevator had been renovated just a few months prior to Lapin's injury and the company servicing the elevator hadn't noted any problems.
Faced with that evidence, the New York County Supreme Court granted Atlantic Realty's request to dismiss the case.
On appeal, the Appellate Division, First Department, affirmed, noting that Lapin "had failed to raise an issue of fact" concerning "the existence of a defect." Her expert's analysis wasn't helpful since that individual inspected the elevator four years after Lapin's injury. And while Lapin claimed elevator complaints had been made, she was unable to produce evidence of that.
Undoubtedly, Lapin didn't lap that up.
To download a copy of the Appellate Division's decision, please use this link: Lapin v. Atlantic Realty Apts. Co., LLC